Esther Lungu loses application to stop the State from taking over her flats
DESPITE her earnest appeal to the Economic and Financial Crimes Court to stop the Director of Public Prosecutions from taking over her 15 semi-luxurious flats, while she challenges their forfeiture in the Court of Appeal, former first lady Esther Lungu has not persuaded the Court in granting her application.
The EFCC has declined to grant the order for stay of execution of its judgement, and has maintained that Esther’s appeal has no prospects of success.
On September 27, 2024 the EFCC granted the prayer by the Director of Public Prosecutions (DPP) to forfeit Esther’s 15 semi-luxurious houses in State lodge area worth K41.5 million on reasons that they were acquired using illegal means.
Esther had asked the court to stop Gilbert Phiri and his team from taking possession of her tainted flats, on reasons that her appeal before the Court of Appeal would be rendered an academic exercise.
Ruling on the application, judges Pixie Yangailo, Mwanajiti Mabbolobbolo and Vincent Siloka said the court has the discretion to order a stay of execution provided there are sufficient grounds warranting such an order .
“A stay of execution is a discretionary and equitable remedy. It may be granted on the following principles; where the applicant would suffer loss which could not be compensated in damages; where special circumstances of the case so require; or where if the stay is not granted, the subsequent application will be rendered nugatory or academic.
Accordingly, there is need for an applicant to clearly demonstrate the basis or grounds upon which a stay should be granted,” the Court said.
“we have perused the grounds of appeal exhibited and it is our opinion that they do not disclose any prospects of success especially taking into account the facts and the authorities cited in the judgement being appealed against.”
The judges said the issues Esther seeks to rely on, do not constitute special or exceptional circumstances on which the court may grant a stay of execution of the judgement.
“Accordingly, we are satisfied that there are no special or exceptional circumstances as shown in the case of Monk vs. Bartram, on which the court will grant an order to stay execution of judgement,” they said.
“It is quite clear from the reading of the provision cited by counsel that it relates to conviction based forfeiture. The judgement being impugned relates non conviction based forfeiture. Accordingly, this provision of the law cited by counsel does not aid the interested party in any way.”
The Court said it is not satisfied that Esther has made out a good case to convince it to exercise its discretion to stay the execution of the judgement pending appeal.
“The interested party has not advanced good grounds, let alone special circumstances, to warrant this court to exercise its discretion to grant a stay of execution of the judgement dated September 27, 2024, pending the hearing and determination of the appeal. This application is consequently declined,” said the Court.
Kalemba December 18, 2024.
Esther Lungu loses application to stop the State from taking over her flats
